INDRAPRASTHA PLASTICS P LTD Vs. COLLECTOR ALLAHABAD

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed for quashing the recovery certificate dated 10.7.2000 sent by the Executive Engineer. Electricity Distribution Division and also the order dated 16.1.2001 passed by Tehsildar Allahabad.

(2.) The petitioner M/s. Indraprastha Plastics Private Limited is a private limited company duly registered under the Indian Companies Act. The petitioner No. 2 Arun Kumar claims himself to be a shareholder of the company. It is averred in the writ petition that the petitioner has a unit over plot No. 977-A, Bamharaull, Tehsil Chail, Allahabad, which is lying closed since 1994. The Executive Engineer, Electricity Distribution Division, U.P. Power Corporation Limited sent a recovery certificate dated 10.7.2000 to the Collector, Allahabad for recovering a sum of Rs. 1,07,208 towards electricity dues from the petitioner No. 1. The Collector was seeking to recover the amount as arrears of land revenue. The premises situate over plot No. 977-A, Bamharaull were attached in recovery proceedings by Tehsildar Sadar, Allahabad by his order dated 16.1.12001. The case of the petitioners further is that a winding up petition has been filed against the petitioner No. 1 in Delhi High Court, which has been registered as Company Petition No. 176 of 1998 where a provisional liquidator has been appointed by the order dated 24.11.1998 and consequently in view of Section 446 of the Companies Act, the recovery proceedings could not proceed against the petitioner company except with the leave of the Company Court, i.e., Delhi High Court where the winding up petition is pending.

(3.) Shri Sudhir Agarwal learned counsel for the respondent Nos. 3 and 4 has submitted that the recovery is sought to be made under the provisions of U. P. Government Electrical Undertakings (Dues Recovery) Act, 1958 which has received the assent of the President of India on 12.5.1958 and consequently, will have an over-riding effect. He has further submitted that the agreement for supply of electricity between the U. P. State Electricity Board and the petitioner company was with regard to its unit situate over plot No. 977-B, Bamharauli and the writ petition filed for quashing the recovery proceedings with regard to the unit situate over plot No. 977-A, Bamharauli is not maintainable.